Divorce is rarely straightforward, but the process can be even more complex when one spouse is serving in the armed forces abroad. For families in the UK, there are certain aspects of the divorce process that remain unchanged, such as the ground for divorce and the basic framework of financial and child arrangements, but military life introduces additional challenges that require careful planning and understanding.

This article explores the key issues you may need to consider if you are divorcing a spouse who is stationed overseas with the armed forces, focusing on communication difficulties, housing implications, child arrangements, jurisdictional concerns, and enforcement of financial settlements.

What remains the same in a military divorce?

Divorcing a military spouse follows the same legal route as any other divorce in England and Wales. Since April 2022, the only ground for divorce is the irretrievable breakdown of the marriage, established through a “no-fault” application. Either spouse (or both jointly) may apply online or via paper form.

The court system still governs the process of dissolving the marriage, deciding on financial orders, and making arrangements for children. Pensions, property, and maintenance are all considered in the same way, subject to the court’s discretion under the Matrimonial Causes Act 1973.

However, the armed forces context creates unique circumstances that may complicate these otherwise standard processes.

Communication challenges

One of the first practical hurdles is communication. Serving members posted abroad may be in locations where regular phone or internet contact is difficult. This can create several problems:

  • Delays in proceedings – Responding to court documents, attending hearings (sometimes via video link), or providing necessary information may take longer.
  • Difficulty negotiating settlements – Divorce and financial agreements often require discussion and compromise. Time differences, operational duties, and limited access to secure communication channels can make negotiation slower and more frustrating.
  • Representation issues – The overseas spouse may struggle to find and instruct a UK solicitor promptly, potentially leading to delays or an imbalance if the other spouse is progressing matters more quickly.

In these situations, courts may allow extensions to deadlines or permit remote participation in hearings, but forward planning and patience are essential. It may also be helpful for the non-serving spouse to ensure they have clear and reliable contact details for the serving spouse’s chain of command, as in some cases the Ministry of Defence (MoD) can help facilitate the flow of documents.

Housing and accommodation

Housing is often a central concern in military divorces. Service personnel and their families may live in Service Family Accommodation (SFA), which is tied to the serving spouse’s posting.

  • Entitlement to housing – When a couple separates, the non-serving spouse and children may only be entitled to remain in SFA for a limited time, typically until the divorce is finalised or a court order requires rehousing. The Defence Infrastructure Organisation (DIO) oversees these arrangements.
  • Alternative housing needs – A non-serving spouse may need to make urgent arrangements for private rental or local authority housing, particularly if they are in the UK and the serving spouse remains overseas.
  • Financial implications – Leaving SFA can increase living costs significantly, which in turn may affect any financial settlement. The court will need to consider housing needs carefully, especially where dependent children are involved.

This aspect of military divorce can place additional pressure on the spouse at home, who may be responsible for securing stability for the children in uncertain circumstances.

Child arrangements

Perhaps the most sensitive issue in a military divorce is how to structure child arrangements when one parent is deployed or stationed abroad for extended periods.

Residence and Contact

In most cases, the children will remain living with the non-serving parent in the UK, simply because the serving parent cannot provide day-to-day care while overseas. This does not diminish their parental rights, but it does mean contact may be limited.

  • Indirect contact – Courts may encourage the use of video calls, phone calls, or email to maintain regular communication between the child and the deployed parent.
  • Block contact periods – When the serving parent returns to the UK on leave, child arrangements may allow for extended stays, such as a few weeks at a time, to make up for the lack of ongoing contact.
  • Flexibility – Given the unpredictability of deployments, any child arrangements order must account for changes in availability.

Formalising arrangements

If parents cannot agree, the court can make a Child Arrangements Order. This order sets out who the child lives with and how much time they spend with the other parent. However, the international element can complicate enforcement. For example, if a parent takes a child abroad without permission, this could amount to child abduction under the Hague Convention. Conversely, if a serving parent is stationed overseas in a non-Hague country, enforcing contact rights may be extremely difficult.

Jurisdictional issues

In most cases, the English and Welsh courts will have jurisdiction to handle a divorce where:

  • Either spouse is domiciled in England or Wales, or
  • Either spouse has been habitually resident in England or Wales for the required period before applying.

Military service does not remove domicile. Even if a service member is stationed abroad for years, they will usually retain their domicile of origin (for example, England) unless they actively adopt a new permanent home abroad.

That said, complications may arise if the overseas spouse seeks to start proceedings in the country where they are stationed. This could lead to “forum disputes” where two courts potentially have jurisdiction. In such cases, specialist legal advice is essential to avoid unfair outcomes or duplication.

Financial settlements and enforcement

Financial settlements in military divorces often involve specific issues:

Pensions

Armed forces pensions can be substantial, especially for long-serving personnel. They are treated like any other pension in divorce and can be shared by court order. The Armed Forces Pension Scheme (AFPS) is complex, and the value of benefits must be carefully calculated.

Income and allowances

Serving personnel may receive allowances for overseas deployment, housing, or travel. These can complicate the assessment of income for maintenance purposes, as some are temporary and non-transferable.

Enforcement overseas

Even if a UK court orders spousal maintenance, child maintenance, or a lump-sum payment, enforcing that order abroad can be challenging.

  • Reciprocal Enforcement of Maintenance Orders (REMO) – The UK has arrangements with many countries to enforce maintenance orders. However, effectiveness varies depending on the host nation.
  • MoD salary deductions – In some cases, orders can be enforced directly by deducting payments from the serving spouse’s military salary through the MoD, providing a more reliable route.

If the serving spouse refuses to comply and is in a country without reciprocal arrangements, enforcement may be slow or ineffective. Legal advice is important in assessing the best strategy.

Emotional and practical considerations

Beyond the legal framework, divorcing a military spouse stationed overseas carries emotional and practical burdens:

  • The non-serving spouse may feel isolated, especially if they were previously embedded in a military community.
  • Children may find it difficult to adjust to reduced contact with the deployed parent.
  • The serving spouse may struggle with the pressures of service life on top of personal upheaval.

Support services such as the Armed Forces Families Federations, welfare officers, and counselling organisations can provide vital assistance during this transition.

If you are contemplating divorce from a spouse serving overseas, it is essential to seek specialist legal advice from a solicitor with experience in dealing with such matters. With careful planning, it is possible to achieve a fair and workable outcome that protects your rights and those of your children, even in the face of the unique challenges of military service.